These General Terms and Conditions (GTC) apply to the use of the services offered on the website of AZUM system AG, Rautistrasse 61, 8047 Zurich, Switzerland, (subsequently called “company”) or its partners, service providers, affiliated companies, representatives or commissioners. These GTC apply to the above-mentioned areas as well as to the other services that the company provides directly and indirectly to the customer.
1. SCOPE OF SERVICES
- The site is provided by the company (together with its partners, service providers, affiliates, commissioners and representatives) and enables the company to create and analyze training and nutrition programs.
- The company makes its services and content available to corporate and individual clients. Corporate customers are trainers, nutritionists and companies of any kind, who serve their associated end users in their own account.
- These terms and conditions apply to you if you use the services or other products, features, content interactive and informative resources (summarized under services) of the company directly or indirectly (e.g. through partners).
2. DUTIES OF THE COMPANY
- Unless otherwise agreed, the company shall fulfil its obligation by providing the agreed service. The service includes the services which are or were published online at the time of the conclusion of the contract. In the case of services provided free of charge, there is no obligation to provide the service.
3. ACCESS TO AND USE OF THE SERVICES
- Subject to the applicable legal provisions, the content of the website can be used regardless of your location. However, this website is not intended for use in jurisdictions where its use would be unlawful. You are responsible for ensuring that use of the site is legal in the jurisdiction from which you access it. In any event, your use is subject to the terms of these GTC. These terms and conditions are governed by Swiss law. In the absence of mandatory legal provisions, the court at the company’s registered office shall have jurisdiction.
- The company reserves the right to terminate your use of the services at any time.
- The use of the services is at your own risk.
- The company provides the services without warranty of any kind, either express or implied, including, without limitation, the fitness for purpose. For the avoidance of doubt, the company does not warrant that the services will be secure, secure and error-free or that the services will operate without interruption. The company assumes no responsibility for the acts or omissions of third parties through which the services are accessed. Although the company takes reasonable steps to keep computer viruses and other malicious programs off its services, no liability is assumed for the presence of such viruses or programs.
4. CONTENT PROVIDED BY THE COMPANY
- The content of the services is provided in good faith and the company makes no representation or warranty that the information is accurate, complete or up-to-date.
5. USER CONTENT
- As part of your use of the services for the intended purpose, you are permitted to insert certain content (user content). If you insert user content, you warrant that you are in possession of all necessary licenses, permissions and authority to use the user content and to transfer or license the user content to us in accordance with these GTC. You agree that you will not post any content or data that is subject to the intellectual property rights of any third party unless you have been expressly permitted to do so by the owner of such intellectual property rights.
- If you have given your consent to make your user content publicly available on our website or via mobile applications, you grant any other user of the website a license to access your user content through the website for the purpose of using it (via a device or otherwise).
- The company may use and pass on all training data, training results and geoinformation (spatial information) stored on the platform in anonymised form for commercial purposes.
- Copies of user content may be retained by the company (as soft or hard copies) (including user content that you have deleted from the site) as a backup, for security purposes or from time to time, in accordance with legal requirements.
- The opinions expressed in the user content remain solely the opinions of the author of the user content. The company hereby expressly distances itself from all content and is in no way bound by any opinion expressed in the user content.
- You agree that:
- you will comply with our guidelines regarding the form and content of the user content; and
- not post any user content that is inaccurate, defamatory, libelous, racially or ethnically offensive, threatening to persons or legal entities, or in any way unlawful (as determined by applicable law).
- The company reserves the right to remove any type of content from the website at any time and without giving reasons.
6. MEDICAL DISCLAIMER
- By making the website and its contents available for the purpose of use, the company does not give a medical opinion. It does not provide medical advice or any other kind of advice. The company is not a medical organization and our employees are not authorized to provide medical advice or make diagnoses. Nothing on this website should be construed as medical advice or diagnosis. None of the company’s employees are or claim to be licensed or licensed doctors.
- Training and nutrition plans, fitness, evaluation or information reports provided by us should not be construed by you as a substitute for medical advice, evaluation or treatment by a licensed doctor or health care provider. The company accepts no liability for any damage to health that may be caused by the use of content published on the website. The advice of a doctor must be sought if there is any suspicion that the use of the content provided by us could lead to health damage.
- If you have a pre-existing complaint, you should seek the advice of a licensed doctor before using any content or other services on this website.
7. PROPERTY RIGHTS
- Unless otherwise stated, the company holds all rights (including copyrights, trademarks, patents and all other intellectual property rights) to the information, including, without limitation, all software programs, text, graphics, photographs, videos, audio data and other materials that it makes available directly to its private customers on its own platform.
- The company also holds all rights to the information, including, without limitation, all software programs, text, graphics, photographs, videos, audio data and other materials that it makes available to its corporate clients. The rights to content added by corporate clients in their own environment remain with those corporate clients. Excluded from this are selected information according to point 5 of these GTC “User Content”. All rights to the source code remain with the company in all cases.
- Users have no rights to any information held by the company and you may only use the information in accordance with these GTC or with our prior written consent (or with the express written consent of the owner). You may not sell, transfer, license, modify, or reproduce, display, publicly perform, create derivative works based on, or otherwise use the information except for the purpose of use.
8. LIMITATION OF LIABILITY
- The company does not guarantee the accuracy, completeness or timeliness of the information made available through the services. The company accepts no liability for loss or damage caused by or in connection with:
- Inaccuracies, errors or omissions in information content made available through the services; or the application or implementation of content.
- Links or content from third parties.
- The use or access to the services.
- The failure to access or use the services for any reason.
- Other one-time or repeated damages resulting from the use of (or inability to use or access) the services and the content of the services.
- Irrespective of the above provisions, the company will endeavour to ensure that the information is updated as soon as it becomes aware that significant changes have occurred.
- To the fullest extent permitted by applicable law, the company excludes all liability for the following:
- Any loss of profits, income, savings or other property.
- Loss of business or other loss of business or goodwill.
- Loss of or damage to data.
- Consequential or special damages.
- Wasted management time.
- Indirect or consequential damages arising from the use of or access to the site, even if the possibility of such loss or damage has been advised or was foreseeable.
- The company is not responsible for data and content on other internet sites that were accessed through our website. Such links are provided for your information only.
10. VIOLATION OF THESE TERMS AND CONDITIONS
- If you breach any provision of these GTC, your permission to access this website to use the services will be automatically revoked. In such event, you agree to immediately destroy all copies of the information and any other content.
- The services are intended for use by individuals, coaches, consultants, trainers and teams to manage training activities and nutrition.
- This website may be used commercially with the prior written consent of the company.
- Users of services provided by the company may designate other users or third parties to view or access their accounts for any purpose. If a user designates another user, that user will be able to view and/or access their data. By designating another user, you give your express consent to the company’s sharing of your information with that user.
13. DATA PROTECTION AND DATA COLLECTION
- If any provision of these GTC is unlawful, invalid or unenforceable in whole or in part under the law of any jurisdiction or venue, that part or provision shall be removed for that jurisdiction or venue. The remaining provisions of the GTC shall remain in full force and effect and the validity or enforceability of that provision shall not be affected in any other jurisdiction or sovereign territory. The clause will have no effect if the removal substantially alters the GTC or is contrary to public policy.
- The customer pays for the use of the platform in advance for the following month by valid credit card. The customer hereby authorizes the company to charge his credit card with the amount due. When purchasing training plans or merchandise items, the payment methods offered by the payment service provider Stripe are accepted.
- At the express request of the customer, the amount owed can also be paid by invoice. In this case, a fee to cover expenses of 5% will be charged and the customer is obliged to pay the invoiced amount within 30 days from the invoice date.
- If the invoice is not paid within the stated payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the set reminder period, he is automatically in delay. From the time of the delay, the customer owes default interest in the amount of 5%.
- The company reserves the right to demand advance payment at any time without giving reasons.
- Offsetting of the invoiced amount against a possible claim of the customer against the company is not permitted.
- The company has the right to deny access to the platform in case of default of payment.
- If for any reason it is not possible to make an automatic payment by credit card, the use of the platform will be blocked until the payment has been received. Amounts paid to the company for its services (including advance payments, if applicable) are non-refundable.
- Unless otherwise agreed, the prices published on azum.ch apply.
- The prices are exclusive of any other applicable taxes.
- The company reserves the right to change the prices at any time. The prices published on the azum.ch website at the time of conclusion of the contract apply.
- Unless otherwise agreed, the use of the platform can be terminated by either party at any time with effect from the end of the respective current contractual month.
- The website and its GTC are based on and subject to the legal status of the company.
- Failure by the company to act in accordance with, or to enforce, any provision of the GTC shall not be construed as a waiver of that provision or any other provision of these GTC. No waiver of any of these provisions shall be effective unless the waiver is in writing.
- Unless otherwise agreed with the customer, these GTC constitute the entire agreement between the company and the customer with respect to the subject matter hereof and supersede all prior agreements between the parties.